Terms of Use

It is important to us that you have the best possible experience while using our service and that when you use it, you are fully aware of your respective legal rights and obligations. MixNOW is a service that enables users to find the best swap rates while also providing improved privacy. We do not exchange fiat currency for digital currency, nor do we provide a digital currency exchange service. Nothing on our website is intended to constitute legal or financial advice. The information on our website, and the posting and viewing of any the information on our website should not be construed as, and should not be relied upon for, legal, financial or taxation advice under any circumstances.

Acceptance of the Terms of Use

The following terms and conditions ("Terms of Use") govern your access to and use of the Mix website and services as applicable (the "App"), which is owned and managed by NOW Development Assets LLC. Please read the Terms of Use carefully before you start using the App. By using the App, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not wish to agree to these Terms of Use or the Privacy Policy, you must not access or use the App.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the App thereafter.

Your continued use of the App following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you.

Intellectual Property Rights

The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by mixNOW.

You must not:
- Modify copies of any images from the App.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- Claim ownership of any code, image, text or any other information authored or created by Mix.

Prohibited Uses

You may use the App only for lawful purposes and in accordance with these Terms of Use. Mix has zero tolerance for the use of its Services for any illegal purpose.

You agree not to use the App:
- In any way that violates any applicable federal, state, provincial, local, or international law or regulation.
- In any way that violates or attempts to violate the terms of any third parties that you use mixNOW to communicate with.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To impersonate or attempt to impersonate mixNOW, a mixNOW employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App, or which, as determined by us, may harm mixNOW or users of the App, or expose them to liability.
- To use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App.
- To use any manual process to monitor or copy any of the material on the App, or for any other unauthorized purpose, without our prior written consent.
- To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, or any server, computer, or database connected to the App.
- MixNOW also does not provide services to minors.

Users are cautioned against undertaking any suspicious activity on or through our services. In the event of any suspicious transactions, any of our partner Service Providers shall have the right but not the obligation to conduct due diligence to prevent illegal activity. Partners always check incoming transactions to comply with AML policies and may sometimes require users to perform a KYC check if they believe the funds are from illegal activities. That's why the user must know beforehand each partner's Privacy Policy and Terms of Use. Some partners may require KYC, some may not. We briefly describe their practices when you simulate a trade, but this information should not be taken as a fixed rule, since it is impossible to predict all situations that may arise. To know exactly what kind of verification a transaction might be subject to, consult the partner Service Provider's Terms of Use that you seek to use. MixNOW will always comply with the law and respect our Privacy Policy. Mix itself does not perform any trades, we merely provide software for the user and exchange to interact. We don't hold or send funds between the parties, so we can't perform these checks before trades are completed. However, we will always recommend and agree to our partner exchanges complying in the best possible way with their respective Anti-Money Laundering (AML) obligations.

Privacy Policy

All information we collect and how we store it is subject to our Privacy Policy. By using Mix, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links from the App

If the App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Apps or services linked to this App, you do so entirely at your own risk and subject to the terms and conditions of use for such Apps.

Geographic Restrictions

Services provided by mixNOW may not be legally allowed in certain jurisdictions. Please consult with qualified legal counsel to assess the appropriate use of the App or any of its contents in the jurisdiction(s) you intend to use the App in. The App's owner makes no representation or warranty as to the suitability for use, compliance or other legal matters with respect to use in any jurisdiction. If you access the App, you do so on your own initiative and are responsible for compliance with local laws and regulations. In the event of a law enforcement agency or any of our partners notifying us via legal channels of a user circumventing or attempting to circumvent geographic restrictions, mixNOW will take the necessary actions to comply in the best possible way.

You agree and acknowledge that your IP Address will be screened and excluded from mixNOW services if our geo-location controls detect that you may be located in a Sanctioned Jurisdiction; or jurisdiction subject to heightened sanctions risks identified or enforced by certain countries, governments, or international authorities; or jurisdiction otherwise considered high risk with respect to the Airdrop or otherwise. For example, our geo-location controls apply to mixNOW Claims detected to originate from the following jurisdictions: People’s Republic of China, Republic of Cuba, Democratic People’s Republic of Korea, Kingdom of Cambodia, Republic of the Union of Myanmar, Lao People’s Democratic Republic, Islamic Republic of Pakistan, Republic of Mali, Islamic Republic of Afghanistan, Republic of Albania, Republic of Angola, Republic of Botswana, Republic of Chad, Central African Republic, State of Eritrea, Republic of Guinea, Russian Federation, Federal Republic of Somalia, Democratic Republic of the Congo, Republic of the Congo, Republic of Malawi, Republic of Mozambique, Republic of Kyrgyzstan, Bosnia and Herzegovina, Republic of Uzbekistan, Turkmenistan, Republic of Burundi, Republic of Sudan, Republic of South Sudan, Republic of Nicaragua, Republic of Vanuatu, Republic of Macedonia, Lebanese Republic, Commonwealth of the Bahamas, Republic of Kosovo, Islamic Republic of Iran, Republic of Iraq, Republic of Liberia, State of Libya, Syrian Arab Republic, Republic of Tajikistan, Republic of Yemen, Republic of Belarus, Plurinational State of Bolivia, Bolivarian Republic of Venezuela, Regions of Crimea, Donetsk, and Luhansk, United States of America, and Canada (collectively, “Prohibited Jurisdictions”). You agree and understand that the Prohibited Jurisdictions are subject to change at our sole discretion without notice.

Translations

The App may contain translations of the English version of the content available on the App. These translations are provided only as a convenience. In the event of any conflict between the English language version and the translated version, the English language version shall take precedence. If you notice any inconsistencies, please report them to mixNOW staff.

Investment Risks

Mix does not provide investment advice. All investments are the sole responsibility of the individual.

Tax Matters

The users of the App are solely responsible for determining what, if any, taxes apply to their transactions. MixNOW is not responsible for determining any taxes that apply to such transactions. You agree not to hold mixNOW responsible for any issues relating to the taxation of purchases, sales, exchanges, transfers, or any other transactions related to any cryptocurrency.

Cryptocurrency Transactions

MixNOW does not ever take custody of your funds, even for a second. By using these providers, you must understand their risks, terms, and privacy policies. MixNOW takes absolutely no responsibility for any actions taken by these third parties.

Enforcement of these Terms of Use and Investigation of Abuses

MixNOW reserves the right to investigate suspected violations of these Terms of Service, including without limitation any violation arising from any transaction you make or send to any partner. MixNOW may suspend any users whose conduct is under investigation and may prevent this user from accessing its servers as it deems appropriate and without notice. If mixNOW believes, in its sole discretion, that a violation of these Terms of Service has occurred, it may take corrective action it deems appropriate.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APP LINKED TO IT.

YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MIX NOR ANY PERSON ASSOCIATED WITH MIX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER MIX NOR ANYONE ASSOCIATED WITH MIX REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, MIX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MIX, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY APPS LINKED TO IT, ANY CONTENT ON THE APP OR SUCH OTHER APPS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless mixNOW, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the App, including, but not limited to, any use of the App's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the App.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

No waiver by Mix of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Mix to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Law Enforcement Inquiries and Service of Subpoenas

If you seek information from mixNOW, mixNOW will comply with any duly issued subpoena served on us through the proper legal channels. If you are issuing your subpoena from a foreign jurisdiction, this may require you to obtain Letters Rogatory and subsequent approval from our local jurisdiction before service can be made. We do not consent to service of a subpoena by any other method. We will consider whether to respond to all other law enforcement inquiries on a case-by-case basis, and any such response is voluntary and made in our sole discretion. Kindly send any such request to legal@mixnow.xyz

All feedback, comments, and other communications relating to the App should be directed to support@mixnow.xyz

mixNOW Guarantee

MixNOW offers a guarantee that if for some reason the third-party exchange that handles the user's transaction fails to either complete the transaction or refund the user and does not offer sufficient proof to mixNOW that a police request, legal order or unusually high AML risk was the reason for it, mixNOW will reimburse the user up to the insured amount. The insured amount is defined at the moment of the transaction's creation, shown as a percentage of the transaction and stored together with it.

The following restrictions apply:
- You must not delete the record of the relevant Transaction ID in the mixNOW database;
- You must not be affiliated with the relevant exchange in any way;
- mixNOW will not reimburse transactions that are known to be halted because of police requests and/or legal order;  
- If the exchange reports a suspicion of you being a sanctioned individual or entity, then mixNOW will need to request information to verify that you are not sanctioned in order to provide payment;
- The available coverage can be changed by mixNOW for new transactions, and the mixNOW Guarantee can be discontinued by mixNOW at its discretion;
- Final disbursement amount is at the sole discretion of mixNOW. While we aspire to operate this mixNOW Guarantee in a way that gives users a high degree of confidence, we cannot account for all possible conditions here. This is free, included insurance that covers many cases, not paid insurance that covers every possible case.

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